ELIZABETH KULA V SYXX, RONNIE DAVIS ALSO KNOWN AS RONALD DAVIS, AND R.D.G., INC., DIAMONTOPOULOS MAYER, LLC, AND
Motion No: CA 13-01544
Slip Opinion No: 2013 NY Slip Op 87144(U)
Decided on October 2, 2013
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 2, 2013

DOCKET NO. CA 13-01544

ELIZABETH KULA, PLAINTIFF-APPELLANT,

V

SYXX, RONNIE DAVIS ALSO KNOWN AS RONALD DAVIS, AND R.D.G., INC.,

DIAMONTOPOULOS MAYER, LLC, AND RICHARD PIERPONT DOING BUSINESS

AS SYXX AND THE BAR, 339 EAST AVENUE, LLC, DEFENDANTS-RESPONDENTS.


Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 14, 2013, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Michael T. Coutu, Esq., sworn to August 27, 2013, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: October 2, 2013

Frances E. Cafarell, Clerk